Craig McCreight is a convicted murderer. His victim was his cohabitant, Yvonne Bessant. Ms Bessant was the sole tenant of 5 Fairinsfell, Broxburn, West Lothian under a secure tenancy held from West Lothian Council. While originally unsuspected of the murder Mr McCreight was accepted as tenant of the property in succession to Ms Bessant, and two months after his conviction in June 2002 McCreight applied to exercise his right to buy. West Lothian Council originally accepted the application but after the first application lapsed, and the council became aware of McCreight's role in the death of the previous tenant, the Council rejected a subsequent application. McCreight applied to the Lands Tribunal in response to this rejection, and - after losing his case there - subsequently appealed to the Inner House in McCreight v West Lothian Council  CSIH 04. Read more... Comments (0)
In a wide-ranging Resolution, dated 25 November 2009 (P7_TA-PROV(2009)0090), on the Stockholm programme the European Parliament called for action on many legal fronts, including private international law, succession law, criminal law and matrimonial property law. In relation to contract law, the Parliament strongly advocated the immediate use of the DCFR and the development of an optional instrument. Read more... Comments (0)
The name of this blog – European private law – itself implies a distinction between private law and public law but the distinction can be difficult and pernicious, as the current question of the mutual recognition of protection orders makes clear. Read more... Comments (0)
The new Czech civil code was approved by the Chamber of Deputies, the lower House of Parliament, on 9 November 2011. It consists of over 3000 articles and covers virtually the whole of private law, including the law of obligations, property law, family law, and succession law. There will no longer be separate commercial and civil codes. However, the code will not cover company law: there is a separate law on corporations. And it will not cover private international law: there is a separate code on that topic. Read more... Comments (0)
The proposed EU Regulation on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession was approved by the European Parliament on 13 March. Final Council approval is expected before the end of the Danish Presidency. Read more... Comments (0)
This conference, held at the University of Roma Tre from 9-11 May 2012 under the guidance of Professor Luigi Moccia, covered a wide range of issues. There was plenty of discussion of the proposed Common European Sales Law (CESL) but that was by no means the only question discussed. Read more...
As well as giving clear backing for the continuation of work at a technical level on the Common European Sales Law, the Council of the European Union at its meeting on 8th June also made important progress on other matters of European private law. Read more...